Agendas, reports and minutes

A meeting of the Highland Licensing Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 7 October 2014 at 10.30 am.

You are invited to attend and a note of the business to be considered is attached.

Webcast Notice:  This meeting will be filmed and broadcast over the internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.  

Members are reminded that during determination of Licensing Items, in order to be entitled to participate in any vote, Members must be present throughout all of the proceedings.  

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting. 

Yours faithfully    

Alaisdair Mackenzie, Legal Manager
(for Depute Chief Executive/Director of Corporate Development)

Business  

(Chair – Ms Maxine Smith)

1.  Apologies for Absence 
Leisgeulan

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.  Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.  

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There is submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Committee held on 12 August 2014.  

4.  Licences Granted under Delegated Powers   
Ceadachdan a Bhuilicheadh fo Ùghdarras air a Thiomnadh

There is circulated Report No HLC/058/14  by the Legal Manager which details all Licences which have been granted under delegated powers under the Civic Government (Scotland) Act 1982 and the Marriage (Approval of Places) (Scotland) Regulations 2002 granted in the period from 30 July 2014 to 23 September 2014.

The Committee is invited to note the report.  

5.  Pending Applications – 3 Monthly Considerations
Iarrtasan ri Thighinn – Beachdachaidhean 3 Mìosach

There is circulated Report No HLC/059/14 by the Legal Manager relating to applications which are currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982.

The Report recommends that the Committee agree to defer the determination of the applications, either:  

(a)  to allow them to be approved under delegated powers in the event that no objections/representations are received and all outstanding documentation has been received from the applicants; or

(b)  to a future meeting of the Committee when the applications will be determined in terms of the Hearings Procedure.  

6.  Taxi Tariff Appeal Decision 
Co-dhùnadh Ath-thagraidh airson Taraif Tagsaidh

There is circulated Report No HLC/060/14 by the Legal Manager inviting the Committee to note the decision of 11 September 2014 by the Deputy Traffic Commissioner for Scotland in Taxi Fare Scale Appeal TX-125 by Mr Andrew MacDonald and others against The Highland Council.

7.  Housing (Scotland) Act 2006
Applications for House in Multiple Occupation Licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson Ceadachd Thaighean ann an Ioma-sheilbh

7.1       Premises – Newton Court, Newton Hotel, Nairn 

There is circulated Report No HLC/061/14 by the Legal Manager relating to the grant of a House in Multiple Occupation Licence from Bespoke Hotels (ISIS) Ltd. in respect of premises at Newton Court, Newton Hotel, Nairn. (Nairn Ward). 

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.  

8.  Civic Government (Scotland) Act 1982
Taxi Driver’s Licences    
Achd Riaghaltais Chatharra (Alba) 1982
Gaelic requires to be inserted

8.1      Application for Renewal of Taxi Operator’s Licence – Syed Ali

There is circulated Report No HLC/062/14 by the Legal Manager relating to an application which has been received from Syed Ali for the renewal of his taxi operator’s licence (Inverness South Ward).

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.

9.  The Committee is asked to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following Items on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.  

10.       Private Landlord Registration – Rent Penalty Notices
Clàradh Uachdarain Phrìobhaidich – Brathan Ùnnlagh Màil  

There is circulated to members only Report No HLC/063/14 by the Legal Manager detailing Landlords who have failed to register under Part 8 of The Antisocial Behaviour etc (Scotland) Act 2004.  The Committee is invited to authorise the service of Rent Penalty Notices in respect of the properties detailed

11.   Civic Government (Scotland) Act 1982
Taxi Driver’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan Tagsaidh

11.1    Application for Taxi Driver’s Licence – Adrian Oman 

There is circulated to members only Report No HLC/064/14 by the Legal Manager relating to an application which has been received from Adrian Oman for the grant of a Taxi Driver’s Licence (Inverness South Ward).

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.

11.2    Application for Taxi Driver’s Licence – Edward Ross

There is circulated to members only Report No HLC/065/14 by the Legal Manager relating to an application which has been received from Edward Ross for the grant of a Taxi Driver’s Licence (Inverness West Ward).

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.

11.3    Application for Taxi Driver’s Licence – John MacLean

There is circulated to members only Report No HLC/066/14 by the Legal Manager relating to an application which has been received from John MacLean for the grant of a Taxi Driver’s Licence (Inverness Central Ward).

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.

12.       Civic Government (Scotland) Act 1982
Private Hire Car Driver’s / Operator’s Licences
Achd Riaghaltais Chatharra (Alba) 1982 
Iarrtasan airson Ceadachdan do Dhràibhearan / Oibrichean Chàraichean airson Fastadh Prìobhaideach                                                                      

12.1  Application for Private Hire Car Driver’s Licence – Cameron Ross

There is circulated to members only Report No HLC/067/14 by the Legal Manager relating to an application which has been received from Cameron Ross for a private hire car driver’s licence (Inverness Central Ward).

The Committee is invited to determine this application in accordance with the Council’s Hearings Procedure.

13.  Civic Government (Scotland) Act 1982 
Hearing – Taxi Operator’s Licence 
Highland Council Penalty Point System
Achd Riaghaltais Chatharra (Alba) 1982
Èisteachd – Ceadachd Oibriche Tagsaidh –
Siostam Phuingean Peanais Chomhairle na Gàidhealtachd

13.1  Taxi Driver and Operator Licence Holder – Marius Chiorean

There is circulated to members only Report No HLC/068/14 in relation to Marius Chiorean, licensed taxi operator and driver, (Inverness West Ward).

The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.

13.2  Licence Holder – Robert Tait

There is circulated to members only Report No HLC/069/14 by the Legal Manager relating to a breach of Taxi Operator Licence Conditions.  (Ward 22 - Fort William and Ardnamurchan).

The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.

13.3    Licence Holder – Hugh Hutton

There is circulated to members only Report No HLC/070/14 by the Legal Manager relating to a breach of Taxi Operator Licence Conditions.  (Ward 22 - Fort William and Ardnamurchan).

The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.

15.       Dates of Meetings in 2015  
Cinn-latha Choinneamhan ann an 2015

The Committee is asked to note the following dates for 2015, as agreed at The Highland Council on 4 September 2014.  All meetings will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:

• 6 January 2015
• 3 February 2015
• 31 March 2015
• 12 May 2015
• 16 June 2015
• 11 June 2015
• 6 October 2015
• 3 November 2015
• 8 December 2015